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Two months ago, we ran a post explaining the NSA's minimization procedures based on a copy of the procedures (dating from June 2009) that had been leaked to the Guardian.
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LCDR Kevin Bogucki argues AE105---or would, if the time were right. But it isn’t, in his opinion. Ramzi Binal Shibh’s attorney thinks AE031, a motion to dismiss for unlawful influence, jibes with AE105,...
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Last day of the five-day session, y’all. Resplendent-in-robes time arrives, and the military judge notes that all five accused are absent.
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TGIF, loyal readers. The crowd at Fort Meade's Burba cottage has thinned, but your Lawfare correspondents have front row seats in the last August session in United States v.
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Published by Independent (2013)
Reviewed by Clara Spera
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In her post from earlier today responding to yesterday's government disclosures, Carrie writes that "I hope it is clear that the critics of surveillance activities only see transparency as the first step...
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The MCA violates the Constitution’s Define and Punish Clause, says J. Connell. That’s the gist of AE104, which he presents now to the military judge, having in mind Congress’s constitutional power to de...
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News of the NSA disclosures dominates the airwaves and interwebs, although the majority of the media coverage, predictably, has been centered around the the October 3, 2011 FISC opinion (in which Judge J...
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Lt. Col. Sterling Thomas argues now in connection with AE106. In that motion, the defense says the case should be dismissed because the 2009 Military Commissions Act violates due process.
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In response to yesterday's story in the Wall Street Journal on surveillance of internet communications, the NSA issued this statement:
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Our recess-ette is done, and all the same folks from earlier are here---save Al-Hawsawi, who remains absent.
Does the Convening Authority unconstitutionally act as both prosecutor and judge at Guantanamo...
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Yesterday’s cache of declassified materials also sheds important light on the administration’s interactions with Congress over intelligence oversight---not just its interactions with the relevant intelli...
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The lunch hour extended a few minutes---here it is 2:15 and all, a step beyond our appointed time of 2:00---the judge reconvenes the military commission.
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You’re next, AE133N.
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The screen comes alive, but not action in the courtroom. Irritation from the judge, whose ten-minute recess took, well, fifteen. Judge Pohl adds that, simply because an accused intends to attend an afte...
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With the release of yesterday’s declassified FISA documents, the debate over whether the FISA Court is an effective check on government surveillance activities is over. Or at least it should be.
Before ...
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The military judge calls the commission to order once more. Speaking for Ammar al-Baluchi, Lt. Col. Sterling Thomas describes the sworn duty of military attorneys---defense and prosecution alike. This g...
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Rug swept and table dusted, the parties again take up consideration of AE018, the government’s motion for a privileged written communications order. Edward Ryan, of the prosecution, picks up where he lef...
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The one major remaining issue after Judge Bates’s November 2011 opinion involved what to with communications transactions acquired under the old minimization procedures, which Judge Bates had struck down...
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The government acted swiftly in response to Judge John D. Bates’s October 3, 2011 opinion. While it contemplated an appeal, it did not bring one. Instead, it adopted a series of alterations to the NSA’s ...